1.1 The Website allows you to :
(a) schedule jobs in real-time with any transport carrier registered with the Website; and
(b) view and manage your orders including:
(i) hold status;
(ii) required delivery times and dates;
(iii) time-slot status; and
(iv) demurrage, (Services).
1.2 You acknowledge and agree that we may, in our sole discretion, suspend or terminate the provision of the Services at any time.
2.1 Using the Website, you must first register your details and an account will be set up for you.
2.2 You must not register multiple accounts.
2.4 Once an account has been established for you, you will be provided with an "Account ID", a "User ID" and a password (Your Account Information). Your Account Information is confidential and it is your responsibility to maintain its security and confidentiality. You must not permit your account to be used by any other person. You agree that you will be responsible for any unauthorised activity that occurs under your account as a result of your failure to keep Your Account Information confidential and secure.
2.5 You agree to notify us immediately of any unauthorised use of your account or Your Account Information or any other breach of security of your account. In that event, Containerchain, in our absolute discretion, suspend, terminate and/or establish a new account for you.
2.6 Once an account has been established, you can register details of containers owned or operated by you with your account.
3.1 There is no fee to register for and use the Services.
4. ACCESS TO WEBSITE AND SERVICES
Containerchain will attempt to make the Website and Services available for use 24 hours a day, 7 days a week. However, it will be necessary for us to take-down the Website and cease providing the Services for a period of time for regular maintenance and to make improvements and if circumstances beyond our control exist, such as problems preventing access to internet or webhosting services. In such circumstances we will incur no liability to you for such interruption or cessation of Services no matter how such liability would otherwise arise.
5. USE OF WEBSITE
(a) in breach of any applicable laws or regulations or otherwise for any unlawful or improper purpose;
(b) in a way which causes, or is likely to cause injury or damage to the Website;
(c) in a way which, or might reasonably be expected to, interferes with, disrupts or creates an undue burden on the Website; or
(d) to encourage or procure the performance of any illegal activity by a third party.
5.2 You must not, and must not attempt to:
(a) authorise any other person to do any act which would, if that act were to be done by you, infringe any of our intellectual property rights or any intellectual property rights of our licensors or any third parties;
(b) reverse engineer, decompile, disassemble, modify, translate, or otherwise uncover the source code of any software forming part of the Website;
(c) capture or copy any software on the Website for any reason whatsoever (temporary copies for facilitating a technical computing process excepted);
(d) hack, infiltrate or otherwise do any thing which may compromise the Website;
(e) cause us to lose (in whole or in part) the services of our internet service providers (ISPs) or other suppliers;
(f) introduce any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information;
(g) use the Website or any of the Services to create, host or transmit any defamatory, offensive or obscene material or engage in activities which would cause offence to, insult, humiliate or intimidate others on the grounds of race, religion, creed or sex; or
(h) use the Website or any of the Services to harm, or attempt to harm, persons (including persons under the age of 18 years) in any way.
6.1 Containerchain needs to collect personal information about you, primarily to provide you with the Services and access to the Website. This personal information includes, but is not limited to, your name and contact details.
6.2 In addition to the primary purpose for which Containerchain collects and uses your personal information, Containerchain may also use the personal information it collects, and you consent to Containerchain's use of that personal information:
(a) for purposes necessary or incidental to the provision of goods and services to you;
(b) to manage and enhance Containerchain's services;
(c) to communicate with you, including by email, mail or telephone;
(d) to verify your identity;
(f) as required or permitted by any law.
6.4 Containerchain may also disclose personal information, and you consent to Containerchain disclosing your personal information, to third parties:
(a) engaged by Containerchain to perform functions or provide goods or services on Containerchain's behalf;
(b) that are Containerchain's agents, business partners or joint venture entities;
(c) such as container depots for the purpose of fulfilling your booking for the delivery and pick up of empty containers;
(d) authorised by you to receive information held by Containerchain;
(f) as part of a sale (or proposed sale) of all or part of Containerchain's business; and/or
(g) as required or permitted by any law.
6.5 Containerchain will take all reasonable steps to protect the personal information Containerchain holds about you from misuse, loss or unauthorised access. You acknowledge that the security of online transactions you conduct using the Website cannot be guaranteed. Containerchain does not accept responsibility for misuse of or loss of, or unauthorised access to, your personal information where the security of that information is not within Containerchain's control.
6.6 You have the right to seek access to and update the personal information which Containerchain holds about you. You can seek access to and update your personal information by contacting Containerchain directly.
7. INTELLECTUAL PROPERTY
You acknowledge and agree that the Website, including the user interface and scripts and software used to implement the Service, contains proprietary information and material that is owned by Containerchain and/or its licensors. You agree not to use such proprietary information or materials in any way except in
8.2 All defined terms in this clause 7 have the meaning given to them in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
9. WARRANTIES AND LIMITATION OF LIABILITY
9.1 Your use of the Website and Services is at your sole risk.
9.2 We do not make any representation or warranty that any information or material provided or displayed on the Website will be reliable, accurate or complete and Containerchain does not accept any responsibility arising in any way from any error or omission in or from information or material on the Website.
9.3 To the extent permitted by law, all conditions, warranties and consumer guarantees (whether express, implied or statutory) relating to your use of the Website and the Services are excluded.
9.4 To the extent that liability for breach of any implied warranty, term, condition or consumer guarantee cannot be excluded by law, liability for breach of that implied warranty, term, condition or consumer guarantee will be limited, at our sole discretion, to any one or more of the following:
(a) the supplying of the Services giving rise to the liability again; or
(b) the payment of the cost of having those Services supplied again.
9.6 To the extent permitted by law, Containerchain will not be liable (whether in contract, tort or on any other basis in law or in equity) for any personal injury or any incidental, special, indirect or consequential loss or damage whatsoever, including damages for loss of profits, loss of data and business interruption arising out of or related to the use of, or inability to use, the Website and/or the Services.
10. SUSPENSION AND TERMINATION
10.1 You acknowledge and give Containerchain the right, in its sole discretion, to suspend or terminate your account or access to your account, if Containerchain believes:
10.2 Without limiting clause 8, Containerchain will not be responsible for any failure or delay in delivery of the Services where such failure is directly or indirectly caused by any of the following:
(a) a Force Majeure Event;
(b) the failure of your internet connection;
(c) a domain name system issue beyond our direct control including, without limitation, the introduction of a computer virus, hacking into the Website by third parties and other forms of electronic sabotage; or
12.3 No failure to exercise or any delay in exercising any right, power or remedy by a party operates as a waiver. A single or partial exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy. A waiver is not valid or binding on the party granting that waiver unless made in writing.